The results from litigating always fall into one of two outcomes: either one party wins and the other loses or both parties lose. This is because litigation is an adversarial process where parties seek to beat one another. And, both parties may lose if neither gets the entire outcome they wanted.

There is always a loser in litigation.

The only possibility for an outcome where both parties win is when they mediate the issues. In mediation, there is no possibility of both parties losing, or of only one party winning. They either both win by reaching an agreement or they walk away to fight another day.

There is never a loser in mediation.

I have been in situation where one party simply refused to bend. Every possible option is met with obstacles. Sometimes this strategy pays off in terms of the outcome of court, but often it is devastating..